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51 Louisiana opinions name it 2 courts 1989–2025 1 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mart v. Hillgreen2 sentences2018Id. at 882 , citing Mart v. Hill , 505 So.2d 1120 , 1127 (La. 1987). 2018Mart v. Hill , 505 So.2d 1120 (La.1987). | 8 | 38 |
Arceneaux v. Dominguegreen2 sentences2009Mart v. Hill, 505 So.2d 1120, 1127 (La.1987) (quoting Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1979)). 2009Mart v. Hill, 505 So.2d 1120, 1127 (La.1987) (quoting Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1979)). | 3 | 3 |
State v. Bellgreen1 sentence1993See also State v. Bell, 543 So.2d 965 (La.App. 4th Cir.1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bradford v. Citgo Petroleum Corp.
green
2 sentences2019To reverse a trial court's factual findings, the appellate court must apply a two-tiered test when reviewing the facts and must find that (1) the record does not establish a reasonable factual basis for the finding of the trial court, and (2) "the record establishes that the finding of the trial court is clearly wrong (manifestly erroneous)." Bradford v. CITGO Petroleum Corp. , 17-296, p. 4 (La.App. 3 Cir. 1/10/18), 237 So.3d 648 , 658-59, writ denied , 18-272 (La. 5/11/18), 241 So.3d 314 . 2019To reverse a trial court's factual findings, the appellate court must apply a two-tiered test when reviewing the facts and must find that (1) the record does not establish a reasonable factual basis for the finding of the trial court, and (2) "the record establishes that the finding of the trial court is clearly wrong (manifestly erroneous)." Bradford v. CITGO Petroleum Corp. , 17-296, p. 4 (La.App. 3 Cir. 1/10/18), 237 So.3d 648 , 658-59, writ denied , 18-272 (La. 5/11/18), 241 So.3d 314 . | 4 | 2019–2019 |
Arabie v. CITGO Petroleum Corp.
green
2 sentences2019However, "[i]f the trial court's findings are reasonable in light of the record reviewed in its entirety, the appellate court may not reverse." Arabie , 89 So.3d at 312 . 2019However, "[i]f the trial court's findings are reasonable in light of the record reviewed in its entirety, the appellate court may not reverse." Arabie , 89 So.3d at 312 . | 4 | 2019–2019 |
State v. Crosby
neutral
2 sentences2019To reverse a trial court's factual findings, the appellate court must apply a two-tiered test when reviewing the facts and must find that (1) the record does not establish a reasonable factual basis for the finding of the trial court, and (2) "the record establishes that the finding of the trial court is clearly wrong (manifestly erroneous)." Bradford v. CITGO Petroleum Corp. , 17-296, p. 4 (La.App. 3 Cir. 1/10/18), 237 So.3d 648 , 658-59, writ denied , 18-272 (La. 5/11/18), 241 So.3d 314 . 2019To reverse a trial court's factual findings, the appellate court must apply a two-tiered test when reviewing the facts and must find that (1) the record does not establish a reasonable factual basis for the finding of the trial court, and (2) "the record establishes that the finding of the trial court is clearly wrong (manifestly erroneous)." Bradford v. CITGO Petroleum Corp. , 17-296, p. 4 (La.App. 3 Cir. 1/10/18), 237 So.3d 648 , 658-59, writ denied , 18-272 (La. 5/11/18), 241 So.3d 314 . | 4 | 2019–2019 |
Strickland v. Washington
green
2 sentences1994Under the two-tiered test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), in order to substantiate a claim of ineffective assistance of counsel, a defendant must show that counsel's performance was deficient and the deficiency caused prejudice. 1994Under the two-tiered test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), in order to substantiate a claim of ineffective assistance of counsel, a defendant must show that counsel's performance was deficient and the deficiency caused prejudice. | 4 | 1989–1994 |
Stobart v. State Through DOTD
green
2 sentences2018Id. at 882 , citing Mart v. Hill , 505 So.2d 1120 , 1127 (La. 1987). 2000Stobart, 617 So.2d at 882 , citing Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). | 3 | 1998–2018 |
Richardson v. Richardson
green
2 sentences2012Richardson v. Richardson, 09-609 (La.App. 3 Cir. 11/18/09) , 25 So.3d 203 , citing Mart v. Hill, 505 So.2d 1120 (La.1987). 2011Richardson v. Richardson, 09-609 (La.App. 3 Cir. 11/18/09) , 25 So.3d 203 . | 3 | 2010–2012 |
Hughes v. McKenzie
green
2 sentences1993Lewis, supra; Merritt, supra; Hughes, supra. The burden of proving that the parent's custody would be detrimental to the child lies with the nonparent. 1989Boyett v. Boyett, supra; Hughes v. McKenzie, supra; Lions v. Lions, 488 So.2d 445 (La.App. 3d Cir.1986). | 2 | 1989–1993 |
Morrissey v. Brewer
green
1 sentence2025Id. at 484-85 . | 1 | 2025–2025 |
Cole v. BROOKSHIRE GROCERY COMPANY
green
1 sentence2010First, we “must find from the record that a reasonable factual basis does not exist for the finding of the trial court,” and, secondly, we “must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous).” Cole v. Brookshire Grocery Co., 08-1093, p. 2 (La.App. 3 Cir. 3/4/09), 5 So.3d 1010, 1012 , writ denied, 09-728 (La.5/15/09), 8 So.3d 589 . | 1 | 2010–2010 |
Cole v. Brookshire Grocery Co.
green
1 sentence2010First, we “must find from the record that a reasonable factual basis does not exist for the finding of the trial court,” and, secondly, we “must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous).” Cole v. Brookshire Grocery Co., 08-1093, p. 2 (La.App. 3 Cir. 3/4/09), 5 So.3d 1010, 1012 , writ denied, 09-728 (La.5/15/09), 8 So.3d 589 . | 1 | 2010–2010 |
Gay v. Morrison
neutral
1 sentence1999Mart v. Hill, 505 So.2d 1120 (La.), unit denied after remand, 515 So.2d 1108 (La.1987). | 1 | 1999–1999 |
Lewis v. Taylor
green
1 sentence1993Lewis, supra; Merritt, supra; Hughes, supra. The burden of proving that the parent's custody would be detrimental to the child lies with the nonparent. | 1 | 1993–1993 |
Merritt v. Merritt
green
1 sentence1993Lewis, supra; Merritt, supra; Hughes, supra. The burden of proving that the parent's custody would be detrimental to the child lies with the nonparent. | 1 | 1993–1993 |
Boyett v. Boyett
green
1 sentence1989Boyett v. Boyett, supra; Hughes v. McKenzie, supra; Lions v. Lions, 488 So.2d 445 (La.App. 3d Cir.1986). | 1 | 1989–1989 |
Lions v. Lions
green
1 sentence1989Boyett v. Boyett, supra; Hughes v. McKenzie, supra; Lions v. Lions, 488 So.2d 445 (La.App. 3d Cir.1986). | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.